Do you wonder whether you’ll have to pay spousal support? Or whether your spouse will have to pay some to you?
You’ve been married for several years and your spouse earns somewhat less than you, or stayed at home to raise your children or because you didn’t need two incomes, or vice versa, you are the one to earn more and to have done so throughout the marriage.
Spousal support is paid before a divorce when you are legally separated.
Alimony is paid after a divorce has been granted.
Nevada statutes list items for a judge to take into consideration when deciding whether to grant alimony or spousal support. Nevada has no guidelines to follow for support and alimony, unlike the ones for child support.
Below is a partial list of items a judge must look at, as per NRS 125.150, Nevada Statutes on alimony and separate maintenance (spousal support) when deciding whether to grant support or alimony.
Every situation differs in some way so some of these may or may not apply, and other items in addition to, or instead of, these might apply:
- The financial condition of each spouse
- The nature and value of the respective property of each spouse
- The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030
- The duration of the marriage
- The income, earning capacity, age and health of each spouse
- The standard of living during the marriage
- The career before the marriage of the spouse who would receive the alimony
- The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage
- The contribution of either spouse as homemaker
- The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse
In certain cases, instead of, or in addition to, the usual alimony or spousal support, the Nevada court might grant separate alimony to a spouse for the purpose of obtaining training or education to attain new employment, or better employment.
- Whether the spouse who would pay such alimony got greater job skills or education during the marriage
- Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education
If alimony is granted for education or training, the judge will usually also order that the spouse getting the alimony start the training within a specified amount of time, and will often put a limit on the time given for the re-training, usually for the length of time of the specific program or degree the re-training spouse will be entering.
You can read the statutes here: https://discountlasvegaslawyer.com/nevada-divorce-attorney/las_vegas_divorce_statutes/
Or click here to read the Nevada Statutes on alimony in their entirety
http://www.leg.state.nv.us/NRS/NRS-125.html#NRS125Sec150
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